Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit and brief in support thereof (1916)

Page scan 00014 from Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit and brief in support thereof

Record Details:

Title:
Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit and brief in support thereof
Date:
1916
Publisher:
New York : Press of Fremont Payne
Volume:
Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit and brief in support thereof
Leaf #:
00014
Language:
English
Collection:
Books and Government & Law
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
Media History Digital Library
Coordinator:
Media History Digital Library
Description:
Date Added:
June 20, 2024
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8 22 Both of these conditions the Court of Appeals holds are unlawful and unenforceable, and as constituting no lawful restriction upon the right of use of the machine purchased from the Precision Company. XIII. That your petitioner contends that the said conditions of use imposed are lawful within the principles laid down by this Court in Henry vs. Dick, 224 U. S., 1, and by the, Court of Appeals for the Second Circuit in Victor Talking Machine Co. vs. Straus, 230 Fed., 449 ; while the Court of 23 Appeals holds that the Dick case is inapplicable and that the case of Bauer vs. O'Donnell, 229 U. S., 1, is controlling, especially in view of the Clayton Act, of October loth, 1914 (38 Stat, at L., pages 730, 731). XIV. That the Victor Talking Machine case referred to is now before this Court for review, on certiorari, being case Xo. 374 on the docket, and j^our petitioner contends that if the principles held by the United States Circuit Court of Appeals for the Second Circuit to be controlling in that case are upheld by this Court they will require a determination favorable to petitioner in this case if the same is taken up by this Court for review. XV. For these reasons and because the decree of the Court of Appeals in this case is believed to have been erroneous and contrary to right, your petitioner prays that a writ of certiorari may be issued out of and under the seal of this Court directed to the said United States Circuit Court of Appeals for the Second Circuit demanding the said 24